Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 10-082-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-12141 LYNNE BLANCHARD & others[1] vs. STEWARD CARNEY HOSPITAL, INC., & others.[2] Suffolk. November 7, 2016. – May 23, 2017. Present: Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.[3] “Anti-SLAPP” Statute. Constitutional Law, Right to petition government. Practice, Civil, Motion to dismiss. Words, “Based on.” Civil action commenced in the Superior Court Department on May 24, 2013. Special motions to dismiss were heard by Linda E. Giles, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Jeffrey A. Dretler (Joseph W. Ambash also present) for the defendants. Dahlia C. Rudavsky (Ellen J. Messing also present) for the plaintiffs. Donald J. Siegel & Paige W. McKissock, for Massachusetts AFL-CIO, amicus curiae, submitted a brief. LENK, J. In the spring of 2011, following reports of abuse at the adolescent psychiatric unit (unit) of Steward Carney Hospital, Inc., then president of the hospital, William Walczak, fired all of the registered nurses and mental health counsellors who worked in the unit. Walczak subsequently issued statements, both to the hospital’s employees and to the Boston Globe Newspaper Co. (Boston Globe), arguably to the effect that the nurses had been fired based in part on their culpability for the incidents that took place at the unit. The plaintiffs, nine of the nurses who had been fired, then filed suit against the defendants for, among other things, defamation. The hospital defendants[4] responded by filing a special motion to dismiss the defamation claim pursuant to G. L. c. 231, § 59H, the “anti-SLAPP” statute. A Superior Court judge denied the motion, concluding that the hospital defendants had failed to meet their threshold burden of showing that the claim was based solely on their petitioning activity. The hospital defendants filed an interlocutory appeal in the Appeals Court as of right. See Fabre v. Walton, 436 Mass. 517, 521–522 (2002). The Appeals Court then reversed the motion judge’s decision in part. See Blanchard v. Steward Carney Hosp., Inc., 89 Mass. App. Ct. 97, 98 (2016). We granted the parties’ applications for further appellate review. We conclude that a portion of the plaintiff nurses’ defamation claim is based solely on the hospital defendants’ petitioning activity. The hospital defendants as special movants thus having satisfied in […]